Suits and Litigation (Civil)

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      Appeals Court Pauses for Now Contempt Proposal by Trial Judge

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      A federal appeals court on Friday night put off for the moment a plan by a trial judge to open contempt proceedings to determine whether the Trump administration had violated an order he issued last month stopping flights of Venezuelan migrants from being sent to El Salvador under a powerful wartime statute.In a single-page order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia said that it was entering what is known as an administrative stay to give itself more time to consider the validity of the contempt proposal by the trial judge, James E. Boasberg.On Wednesday, Judge Boasberg, concerned that the White House had ignored his order to pause all deportation flights headed to El Salvador under the wartime law, known as the Alien Enemies Act, gave Trump officials a choice. He said they could provide the men who were sent without hearings to El Salvador the due process they had been denied or they could face a searching contempt investigation into who among them was responsible for having not complied with his directives.In court papers filed on Friday morning, lawyers for the Justice Department told the appeals court that neither option was acceptable. The lawyers accused Judge Boasberg of overstepping his authority by seeking, on the one hand, to tell the Trump administration how to conduct foreign policy and, on the other, to effectively try to assume the role of an investigating prosecutor.The appeals court made clear that it was not ruling on the merits of the Justice Department’s accusations. The panel simply wanted additional time to consider the complexities of Judge Boasberg’s plan.That plan, laid out in an order this week, suggested that the judge was trying to pin down who in the administration was behind what he called the “willful disregard” of his oral instructions issued during a hearing on March 15. Speaking from the bench that day, he said any deportation flights headed to El Salvador under the Alien Enemies Act needed to be halted at once and that any planes already in the air should turn around.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Google Makes History With Rapid-Fire Antitrust Losses

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      Within a year, two federal judges declared the tech giant a monopoly in search and ad technology. The tide may be turning for antitrust.Silicon Valley’s tech giants have long regarded antitrust scrutiny as an irritating cost of doing business. There will be investigations, filings, depositions and even lawsuits.Yet courts move slowly, while technology rushes ahead. Time works to the companies’ advantage, as the political winds shift and presidential administrations change. That dynamic often opens the door to light-touch settlements.But the stakes rose sharply for Google on Thursday, when a federal judge ruled that the company had acted to illegally to build a monopoly in some of its online advertising technology. In August, another federal judge found that Google had engaged in anticompetitive behavior to protect its monopoly in online search.Antitrust experts said two big antitrust wins for the government against a single company in such a short time appeared to have no precedent.“Two courts have reached similar conclusions in product markets that go to the heart of Google’s business,” said William Kovacic, a law professor at George Washington University and former chairman of the Federal Trade Commission. “That has to be seen as a real threat.”The Google decisions are part of a wave of current antitrust cases challenging the power of the biggest tech companies. This week, the trial began in a suit by the F.T.C. claiming that Meta, formerly Facebook, cemented an illegal monopoly in social media through its acquisitions of Instagram and WhatsApp.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Another Lawsuit, This Time in Colorado, Over Trump’s Use of the Alien Enemies Act

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      The American Civil Liberties Union filed another lawsuit on Monday seeking to stop the Trump administration from using a powerful wartime statute to deport to El Salvador immigrants from Venezuelan who have been accused of being violent gang members.The lawsuit, brought in Federal District Court in Colorado, was the third of its kind filed in recent days, joining similar legal challenges that were filed last week in Texas and New York.Lawyers for the A.C.L.U. brought the suit on behalf of two men — known in court papers only by the their initials, D.B.U. and R.M.M. The men claim they have been wrongly accused by the administration of being members of the Venezuelan gang, Tren de Aragua.Court papers say that D.B.U., 32, was arrested on Jan. 26 at a gathering that federal drug and immigration agents have repeatedly described as a Tren de Aragua party. After his arrest, the papers say, he denied being a member of the gang and has not been charged with any crime.Federal agents arrested R.M.M., 25, last month after they saw him standing with three other Hispanic men near their vehicles outside a residence in Colorado that was under surveillance as part of an investigation into Tren de Aragua, court papers said.R.M.M. has claimed that he had nothing to do with the gang and had gone to the location with friends “to meet a prospective buyer for his vehicle at a public meeting,” the papers said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Judge Says One DOGE Member Can Access Sensitive Treasury Dept. Data

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      Nineteen state attorneys general had sued to block Elon Musk’s government efficiency team from accessing Treasury systems that include Americans’ bank account and Social Security information.A Manhattan federal judge ruled on Friday that one member of Elon Musk’s government efficiency program could have access to sensitive payment and data systems at the Treasury Department, as long as that person goes through appropriate training and files disclosures.The order by the judge, Jeannette A. Vargas, came nearly two months after she had ruled that Mr. Musk’s team, members of the so-called Department of Government Efficiency, or DOGE, would be banished from the agency’s systems until the conclusion of a lawsuit that claims the group’s access is unlawful.Friday night’s order partly dissolves the earlier preliminary injunction by granting Ryan Wunderly, who was hired as a special adviser for information technology and modernization, access to the Treasury systems in dispute, Judge Vargas wrote.To gain the access, however, Mr. Wunderly will have to complete hands-on training “typically required of other Treasury employees granted commensurate access” and submit a financial disclosure report, the judge wrote.The case stems from a lawsuit filed in February by 19 state attorneys general, led by Letitia James of New York, who sued to block the Trump administration’s policy of allowing political appointees and “special government employees” who work with Mr. Musk to access the systems. The systems contain some of the country’s most sensitive information, including Americans’ bank account and Social Security data.The attorneys general argued that only career civil servants who have received training and security clearances should have access. The untrained members of Mr. Musk’s team should not have “unfettered access,” they said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Challenge to Trump’s Tariffs Funded by Groups Linked to Charles Koch and Leonard Leo

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      Among those opposed to President Trump’s tariffs on imports from China: a legal group funded by some of the biggest names in conservative politics.Last week, a Florida business owner challenged the Trump administration’s moves in court, arguing that her company, Simplified, which makes notebooks and planners, was harmed by the dramatic trade war with China that has only deteriorated further since the lawsuit was filed.Her lawyers are from the New Civil Liberties Alliance, a libertarian-leaning nonprofit that counts among its financial backers Donors Trust, a group with ties to the billionaire Leonard A. Leo, who is a co-chairman of the Federalist Society.The Federalist Society is an influential legal group that advised Mr. Trump through the confirmation of justices he appointed to form the current conservative supermajority on the Supreme Court, though some in Mr. Trump’s circle came to believe that its leaders were out of step with the president’s political movement.Another donor to New Civil Liberties Alliance is Charles Koch, the billionaire industrialist and Republican megadonor.In what appeared to be the first tariff-related lawsuit against the Trump administration, the founder of Simplified, Emily Ley, argued that President Trump overstepped his authority in February when he first imposed new import taxes on Chinese goods. Since then, China has retaliated with its own tariffs, and Mr. Trump has escalated the fight with more levies. All Chinese imports face a minimum tariff rate of 145 percent as of Thursday, a dramatic increase.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Attorneys General Sue Over Access to $1 Billion in Federal School Aid

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      The Trump administration abruptly cut states’ access to Covid pandemic funding for school programs, saying they’d had enough time to spend it.Sixteen attorneys general and a Democratic governor sued the Trump administration on Thursday to restore access to over $1 billion in federal pandemic relief aid for schools that was recently halted, saying that the pullback could cause acute harm to students.The suit, led by New York’s attorney general, Letitia James, and filed in Manhattan federal court, is one of the latest efforts by states to fight President Trump’s clawback of funding allocated to programs he does not want the government to support. The funding was part of a windfall of more than $190 billion that the U.S. Department of Education distributed to schools at the height of the coronavirus pandemic.The government’s reversal “triggered chaos,” the suit says. New York was one of the states with the most unspent money: over $130 million. California had more than $205 million in unspent money, and Maryland had $245 million, the most among the states that sued.“Cutting school systems’ access to vital resources that our students and teachers rely on is outrageous and illegal,” Ms. James said in a news release.The coalition’s filing on Thursday comes nearly a month after 21 Democratic attorneys general sued the administration for firing about half of the Education Department’s staff. Linda McMahon, the education secretary, said the move would help the department deliver services more efficiently.The White House also suspended millions of dollars in teacher-training grants that it argued would promote diversity, equity and inclusion, which prompted yet another suit from New York and other states.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Appeals Court Clears Path for Trump to Resume Firing Probationary Workers

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      The Trump administration is once again free to fire probationary employees. For now.The U.S. Court of Appeals for the Fourth Circuit, in a 2-to-1 decision, sided with the government on Wednesday to block a lower-court ruling in Maryland that had led to the reinstatement of thousands of federal workers who had been fired in February.The purge of the employees had marked one of the first stages of President Trump’s plan to rapidly downsize the civil service and overhaul or eliminate entire offices and programs. Since then, the status of the workers has been tied up in legal battles over whether the firings had been carried out lawfully.The Wednesday appeals court decision came a day after the Supreme Court blocked a similar ruling in California reining in the government in a separate case. There is now no court order in place to stop the government from firing probationary employees.Both courts ruled on narrow issues of standing: whether the probationary firings harmed the plaintiffs so much that they had the right to sue in district court. In California, nonprofit organizations sued the government over the firings at six agencies because they said they benefited from the services the federal workers provided. In Maryland, 19 states and the District of Columbia sued 20 federal agencies, arguing that the government was obligated to give them notice when personnel actions could abruptly and significantly increase demand for unemployment benefits.It was not immediately clear what the latest decision meant for the thousands of fired probationary employees, nearly all of whom had been recently reinstated as a result of district court orders. The back-and-forth has left the employees in a state of limbo, wondering if they will be fired again after having just been rehired.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Senate Panel Demands Information About Gaza Protest Group at Columbia

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      Lawmakers want the university to turn over all its records about Students for Justice in Palestine. At Northwestern University, two professors sued over a separate request.A Senate committee asked Columbia University to provide extensive information about Students for Justice in Palestine, a group that had been at the center of protests on campus over Israel and Gaza.Information sought by the committee, including “all records in the university’s possession related to SJP and its on-campus activities,” was requested by Wednesday in a letter signed by Senator Bill Cassidy, a Republican of Louisiana and the chairman of the Senate Committee on Health, Education, Labor and Pensions.After a judge directed the university late Wednesday to say what materials it intended to disclose and to wait to produce them until Friday, the school acknowledged that order and said it planned to turn over “policies and guidance,” but that it would not identify individual students.The Senate committee’s demand was disclosed in a court filing this week connected to a lawsuit filed by seven anonymous students at Columbia and Barnard, its affiliated women’s college, along with Mahmoud Khalil, a former Columbia student whom the Trump administration is trying to deport.The suit had asked a judge to bar school officials from handing over confidential disciplinary records to lawmakers. On Wednesday, two clinical professors of law at Northwestern University in Illinois filed a similar suit.Republican lawmakers have said they are investigating an epidemic of antisemitism within higher education, but critics have said the Trump administration and its allies are conducting a broad crackdown on political speech.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More